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Blood and Breath Tests

Blood and Breath Tests:

  • If blood is drawn, only a physician, a registered nurse or another qualified person may withdraw blood for the purpose of determining the alcohol concentration or drug content in the blood.
  • If a law enforcement officer administers a duplicate breath test and the person tested is given a reasonable opportunity to arrange for an additional test, a sample of the person's breath does not have to be collected or preserved.
  • The person tested shall be given a reasonable opportunity to arrange for any physician, registered nurse or other qualified person of the person's own choosing to administer a test or tests in addition to any administered at the direction of a law enforcement officer.
  • The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
  • If a person under arrest refuses to submit to a test or tests, whether or not a sample was collected or a search warrant, evidence of refusal is admissible in any civil or criminal action or other proceeding.
  • The issue of refusal is an issue of fact to be determined by the trier of fact in all cases. If a law enforcement officer has probable cause to believe that a person has violated the DUI law and a sample of blood, urine or other bodily substance is taken from that person for any reason, a portion of that sample sufficient for analysis shall be provided to a law enforcement officer if requested for law enforcement purposes.

Drunk driving is known by a variety of names such as:

  • driving under the influence (DUI)
  • driving while impaired (DWI)
  • operating under the influence (OUI)
  • operating while impaired (OWI)
  • driving under the influence of intoxicants (DUII)
  • driving while under the influence (DWUI)

The mere fact that driving intoxicated or under the influence may be called by different phrases, the consequences of such a conviction can be devastating.  So no matter what you call it, one should seriously consider hiring a competent, experienced lawyer to represent them.

Contact Brian Di Pietro Law, PLLC. Arizona's Most Experienced, Tough Lawyer for DUI/DWI Criminal Charges!

Attorney Brian Di Pietro has successfully represented many clients who had been charged with DUI/DWI. His success is a result of his 38 years of criminal law both as a prosecutor and defense counsel. He is familiar with the case law applicable to the charge of DUI/DWI and is able to use this knowledge combined with his aggressive approach to defending his clients that have resulted in the favorable resolution for his clients. Contact him now at 623-242-2655 for a free confidential case evaluation about your DUI/DWI charges in Arizona.

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